DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4154)

CONSTRUCTING MELBOURNE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 14 NOVEMBER 2019

Application for approval of the Constructing Melbourne Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020.

[1] An application has been made for approval of a greenfields agreement known as the Constructing Melbourne Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 21 November 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Constructing Melbourne Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020, the Fair Work Commission was called upon to determine the validity of the agreement. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant, Constructing Melbourne Pty Ltd, sought the approval of the enterprise agreement to be applied to its employees who are members of the CFMEU. The union, CFMEU, supported the application, asserting that the agreement appropriately addressed the terms and conditions of employment for its members.

The central legal issue before the Commission was whether the enterprise agreement contained provisions that were contrary to the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the agreement complied with the requirements of section 232 of the Act, which mandates that an enterprise agreement must not provide for terms and conditions that are less favourable than the applicable national safety and general award or registered agreement. The Commission also needed to determine whether the agreement had been genuinely negotiated and if it contained the necessary provisions for the protection of employee interests.

The Commission concluded that the enterprise agreement did not contain any terms that were less favourable than the relevant national safety and general award. It was found that the agreement appropriately provided for the terms and conditions of employment, ensuring that the employees' rights were protected. The Commission determined that the agreement had been genuinely negotiated between the parties and included provisions that were beneficial to the employees. As a result, the Commission approved the application and certified the enterprise agreement as meeting the requirements of the Fair Work Act.

The Fair Work Commission certified the Constructing Melbourne Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020, effective from 1 July 2019 to 30 June 2020. The certification ensures that the agreement will govern the terms and conditions of employment for the employees covered by the agreement during the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established